Gayaa Dhuwi (Proud Spirit) Australia today welcomes the ACT Government’s decision to raise the minimum age of criminal responsibility to 14 years, describing it as a significant and long-overdue step toward a justice system that is more developmentally and culturally appropriate for Aboriginal and Torres Strait Islander children and young people.

Under the reform, children aged 13 and under will no longer be held criminally responsible for harmful behaviour, with exceptions for a limited range of serious and intentionally violent offences. Instead, children will be referred to a Therapeutic Support Panel that connects them with services such as mental health, housing, and education.

This reform marks a crucial milestone in acknowledging what Aboriginal and Torres Strait Islander communities have long known: our children need care, not custody.

“This reform reflects a growing understanding that punitive systems do not heal trauma, they compound it,” said Professor Helen Milroy AM, Chair of Gayaa Dhuwi.

“From a social and emotional wellbeing perspective, we know that children who engage in harmful behaviours are often responding to deep trauma, disconnection, and unmet mental health needs. This is not about excusing harm, it’s about responding in ways that promote healing, stability, and long-term outcomes.

“We know that culturally safe, trauma-informed systems can disrupt cycles of harm and offer real pathways. This reform is a step toward that, but it must now be backed by Aboriginal and Torres Strait Islander-led mental health and social and emotional wellbeing approaches that are grounded in culture.”

Rachel Fishlock, Chief Executive Officer of Gayaa Dhuwi, said “this is a positive and necessary step, but it must go beyond legal reform to drive genuine transformation across the mental health, and social and emotional wellbeing system.

“Far too many of our children are criminalised when what they need is mental health care, cultural support, housing, and safety. These issues impact social and emotional wellbeing, and this reform is an opportunity to shift the system toward prevention and community-led healing.

“Our role as the national peak body is to guide this shift to ensure that government responses are grounded in Aboriginal and Torres Strait Islander concepts of healing and social and emotional wellbeing, not just western clinical models. The ACT is leading the way, now it’s time to embed this reform in every part of the system across Australia.”

Justice reform must be met with investment in cultural healing, community-led solutions, and Aboriginal and Torres Strait Islander governance. As the national peak body for Aboriginal and Torres Strait Islander social and emotional wellbeing, mental health, and suicide prevention, Gayaa Dhuwi (Proud Spirit) Australia urges all governments to now build on the ACT’s leadership by:

• Embedding the Gayaa Dhuwi (Proud Spirit) Declaration and its principles across youth justice and mental health systems;
• Funding Aboriginal and Torres Strait Islander community-led therapeutic interventions that strengthen cultural identity, family connection, and healing;
• Establishing governance structures that ensure Aboriginal and Torres Strait Islander leadership over youth justice reforms;
• Ensuring all responders including police, health, and education are trained in trauma-informed, culturally safe practice.

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Gayaa Dhuwi reminds the public and media outlets of the importance of responsible and culturally respectful reporting when it comes to issues affecting Aboriginal and Torres Strait Islander communities. This includes adhering to the Good Yarn Guidelines and ensuring that crisis support services are promoted effectively.

24/7 crisis helpline services available to the community include:

• 13 YARN (139276) – a dedicated support line for Aboriginal and Torres Strait Islander people
• Brother to Brother crisis line (1800 435 799) – providing support for men
• Kids Helpline (1800 55 1800) – for young people in need of support

For further information, and resources, or to access support services, please visit www.gayaadhuwi.org.au

About Gayaa Dhuwi (Proud Spirit) Australia

Gayaa Dhuwi (Proud Spirit) Australia is the national peak body for Aboriginal and Torres Strait Islander social and emotional wellbeing, mental health, and suicide prevention. As a community-controlled organisation, it is governed and controlled by Aboriginal and Torres Strait Islander experts and peak bodies, working to promote collective excellence in mental healthcare.

Media Contact:
Pamela Hutchinson

Senior Communications Officer
0418 460 642
pamela.hutchinson@gayaadhuwi.org.au
www.gayaadhuwi.org.au